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  1. #1
    rsand5kids is offline Junior Member
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    Angry Son and his girlfriend

    Hello,

    I live in Ohio. I have a 20 year old son that lives with me. I allowed his girlfriend and her son to move in with us in January 2011. In January of 2012 I started charging my son $150 a month to help out with the bills. My son's girlfriend has become a nightmare and my husband, other children and I want her out of the house. My son tells me that I can't evict them because we have a verbal agreement. I also want to mention that I rent this home. My husband and I are on the lease.

    I told my son that I would be more then happy to allow him to live in my home until his apartment is available on August 13, 2012. I don't want the girlfriend in my home. She can live with her mother until the apartment becomes available.

    Can I kick her out of my house?

    Any insight or advise would be greatly appreciated.

    Thanks
  2. #2
    Ohiogal is offline Senior Member
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    Quote Originally Posted by rsand5kids View Post
    Hello,

    I live in Ohio. I have a 20 year old son that lives with me. I allowed his girlfriend and her son to move in with us in January 2011. In January of 2012 I started charging my son $150 a month to help out with the bills. My son's girlfriend has become a nightmare and my husband, other children and I want her out of the house. My son tells me that I can't evict them because we have a verbal agreement. I also want to mention that I rent this home. My husband and I are on the lease.

    I told my son that I would be more then happy to allow him to live in my home until his apartment is available on August 13, 2012. I don't want the girlfriend in my home. She can live with her mother until the apartment becomes available.

    Can I kick her out of my house?

    Any insight or advise would be greatly appreciated.

    Thanks
    You can formally evict her. Be aware that you may find yourself on the wrong end of an eviction IF your landlord did not give you permission to sublease or take in tenants yourself. Go through the proper procedure for an eviction and follow every step. You need to give her proper 3 day notice, then file in court to evict.

    Realize that this may put a wedge between you and your son.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  3. #3
    rsand5kids is offline Junior Member
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    Do I really have to formally evict her? I never made any agreements with her. Why would this be considered subleasing if this is my son?


    QUOTE=Ohiogal;3063682]You can formally evict her. Be aware that you may find yourself on the wrong end of an eviction IF your landlord did not give you permission to sublease or take in tenants yourself. Go through the proper procedure for an eviction and follow every step. You need to give her proper 3 day notice, then file in court to evict.

    Realize that this may put a wedge between you and your son.[/QUOTE]
  4. #4
    sandyclaus is offline Senior Member
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    Quote Originally Posted by rsand5kids View Post
    Do I really have to formally evict her? I never made any agreements with her. Why would this be considered subleasing if this is my son?


    QUOTE=Ohiogal;3063682]You can formally evict her. Be aware that you may find yourself on the wrong end of an eviction IF your landlord did not give you permission to sublease or take in tenants yourself. Go through the proper procedure for an eviction and follow every step. You need to give her proper 3 day notice, then file in court to evict.

    Realize that this may put a wedge between you and your son.
    A lot of people think that because there is no written lease or rental agreement, then you can just kick them to the curb. Not so.

    This woman has established residency, and is therefore considered a tenant (or rather, since YOU are the tenant, she would be a subtenant). If you try to kick her out without following the proper legal steps, you're liable to find yourself on the wrong end of an illegal eviction lawsuit.
  5. #5
    Ohiogal is offline Senior Member
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    Quote Originally Posted by rsand5kids View Post
    Do I really have to formally evict her? I never made any agreements with her. Why would this be considered subleasing if this is my son?
    She is not related to you. She is not family. Is your son listed on your lease? If he is, you shouldn't have made the decision you did. You decided to charge YOUR SON rent. Which means he is a subtenant and you are subleasing. She is a resident and therefore a tenant and needs evicted. If not on your lease that you signed with your landlord, then she is subleasing from you. Which may or may not be allowed per the terms of your lease with your landlord.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  6. #6
    Zigner is offline Senior Member
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    Quote Originally Posted by Ohiogal View Post
    You need to give her proper 3 day notice, then file in court to evict.
    Why do you feel that a 3-day notice is appropriate? It would appear to me (based on the OP) that a 30-day notice is required.
  7. #7
    Ohiogal is offline Senior Member
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    Quote Originally Posted by Zigner View Post
    Why do you feel that a 3-day notice is appropriate? It would appear to me (based on the OP) that a 30-day notice is required.
    Here you go:

    http://www.ohiolegalservices.org/public/legal_problem/housing/landlord-tenant-issues/eviction/qandact_view

    That is after asking her to leave and then the 3 day Notice to Leave must be given THEN the eviction filed. The 3 day Notice to Leave begins the eviction. However, she should have already given proper written notice that she wants the girl out. If the girl does not leave after that notice the 3 day must be served before the eviction.
    Sorry I was not more specific.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  8. #8
    Zigner is offline Senior Member
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    Quote Originally Posted by Ohiogal View Post
    Here you go:

    http://www.ohiolegalservices.org/public/legal_problem/housing/landlord-tenant-issues/eviction/qandact_view

    That is after asking her to leave and then the 3 day Notice to Leave must be given THEN the eviction filed. The 3 day Notice to Leave begins the eviction. However, she should have already given proper written notice that she wants the girl out. If the girl does not leave after that notice the 3 day must be served before the eviction.
    Sorry I was not more specific.
    Gotcha - at this point, 30 day written notice would need to be given, not the 3-day notice. (Just clarifying for the OP)

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